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SIU Concludes Investigation into Toronto Shooting

TORONTO, Feb. 19 /CNW/ - The Director of the Special Investigations Unit
(SIU) Ian Scott has concluded that there are no reasonable grounds to believe
that an officer from the Toronto Police Service (TPS) committed any criminal
offence in relation to the injuries sustained by a 49 year old Toronto man in
October 2008.
Six investigators and three forensic investigators from the SIU probed
the circumstances of this occurrence.
At 3:15 a.m. Monday October 6, 2008 members of the TPS approached a car
that was parked on Beech Street in Toronto. The car had been reported stolen
in June 2008. The officers saw a person, later identified as Richard Smilsky,
inside the car, and ordered him to get out. Instead Mr. Smilsky started the
car up and drove off slowly. The officers pursued the car on foot. During this
time an officer discharged his firearm, and Mr. Smilsky was struck once. The
car subsequently came to rest on the front lawn of a Beech Street home. Mr.
Smilsky sustained non-life threatening injuries. Mr. Smilsky was taken into
custody and transported to hospital by ambulance for treatment.
Director Scott said, "There are no reasonable grounds to believe that the
subject officer committed a criminal offence in relation to the firearm injury
sustained by Mr. Smilsky. The subject officer moved to the front and left of
the car. At this point the driver of the car started to quickly accelerate in
the direction of the officer. The officer felt the stolen car was going to run
him over and fired one shot at the driver. The shot struck Mr. Smilsky through
the driver's side window." Director Scott added, "Section 25(3) of the
Criminal Code authorizes the use of lethal force, but only where such force is
necessary to preserve oneself from death or grievous bodily harm. In light of
the circumstances surrounding this incident, particularly the sudden movement
of the vehicle in the officer's direction, I am satisfied the officer acted on
reasonable grounds in believing it necessary for his self preservation to
shoot at the driver."
The SIU is a civilian agency that investigates cases of serious injuries
(including allegations of sexual assault) and deaths involving the police.
Pursuant to section 113 of the Police Services Act, the Director of the SIU is
mandated to consider whether a criminal offence has been committed by an
officer(s) in connection with the incident under investigation and, where
warranted by the evidence, to cause a criminal charge or charges to be laid
against the officer(s). The Director reports the results of investigations to
the Attorney General.